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Art. 33 – Referendum and commencement

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Art. 33

Referendum and commencement

1

This Act is subject to an optional referendum.

2

The Federal Council shall determine the commencement date.

Commencement date: 1 July 201613

  1. 13 FCD of 25 May 2016.
Legal act context
SR 196.1 · FIAA · Federal act · Consolidation: 196.1 - 2016-07-01
Structure path
Section 9 Final Provisions
Language
English (en)
Data status
2016-07-01

Available language versions

Deutschde Françaisfr Italianoit Englishen

The official sources and versions published by the competent authorities remain authoritative.

Contents of this enactment

Document textGeneral document text1ArticlesRegular articles in this version33
Document text1
Articles33
1Section 1 General Provisions
Art. 1 – PurposeArt. 1 Purpose This Act governs the freezing, confiscation and restitution of assets held by foreign politically exposed persons or their close associates, where there is reason to assume that those assets were acquired… Direct link
Art. 2 – DefinitionsArt. 2 Definitions Within the meaning of the present Act: a. foreign politically exposed persons means individuals who are or have been entrusted with prominent public functions by a foreign country, for example heads o… Direct link
1Section 2 Freezing of Assets
Art. 3 – Freeze for purposes of mutual legal assistanceArt. 3 Freeze for purposes of mutual legal assistance 1 In order to support future cooperation within the framework of mutual legal assistance proceedings with the country of origin, the Federal Council may order the fr… Direct link
Art. 4 – Freeze for purposes of confiscation in the event mutual legal assistance proceedings failArt. 4 Freeze for purposes of confiscation in the event mutual legal assistance proceedings fail 1 The Federal Council may order an asset freeze in Switzerland in anticipation of initiating proceedings for the confiscat… Direct link
Art. 5 – Amendment and publication of list entriesArt. 5 Amendment and publication of list entries 1 Where the asset freeze ordered pursuant to Article 3 of this Act takes the form of an administrative ordinance (asset freeze ordinance), the Federal Department of Forei… Direct link
Art. 6 – Duration of freezeArt. 6 Duration of freeze 1 A freeze ordered pursuant to Article 3 shall be limited to a maximum duration of four years. The Federal Council may extend the freeze for an additional year, renewable annually, where the co… Direct link
Art. 7 – Duty to report and to provide informationArt. 7 Duty to report and to provide information 1 Persons or institutions who hold or manage in Switzerland assets of persons affected by an asset freeze within the meaning of Article 3 must immediately report these as… Direct link
Art. 8 – Administration of frozen assetsArt. 8 Administration of frozen assets 1 Persons and institutions who hold or manage in Switzerland assets that have been made subject to a freezing order pursuant to the terms of this Act shall continue to administer t… Direct link
Art. 9 – Release of frozen assetsArt. 9 Release of frozen assets In exceptional cases, in particular in cases of hardship or where the safeguarding of important Swiss interests so requires, the FDFA may authorise the release of a portion of the frozen… Direct link
Art. 10 – Amicable settlementArt. 10 Amicable settlement 1 Throughout the period in which the asset freeze is in force, the Federal Council may instruct the FDFA to seek an amicable settlement so as to permit the full or partial restitution of the… Direct link
1Section 3 Support Measures
Art. 11 – General principleArt. 11 General principle The Confederation may provide the country of origin with assistance in its efforts to obtain restitution of the frozen assets. Direct link
Art. 12 – Technical assistanceArt. 12 Technical assistance 1 The FDFA and the FOJ may, after consulting one another, provide the country of origin with technical assistance. 2 They may, in particular: a. assist in the training of the competent autho… Direct link
Art. 13 – Transmission of information to the country of originArt. 13 Transmission of information to the country of origin 1 MROS may transmit to its counterpart abroad in the country of origin any information, including bank information, that it has obtained under the provisions… Direct link
1Section 4 Confiscation of assets
Art. 14 – Conditions andprocedureArt. 14 Conditions andprocedure 1 The Federal Council may instruct the Federal Department of Finance (FDF) to take legal action before the Federal Administrative Court for the confiscation of frozen assets. 2 The Federa… Direct link
Art. 15 – Presumption of illicit originArt. 15 Presumption of illicit origin 1 There shall be a presumption that assets are of illicit origin where the following conditions are fulfilled: a. the wealth of the individual who has the power of disposal over the… Direct link
Art. 16 – Rights of third partiesArt. 16 Rights of third parties Assets may not be confiscated in the following cases: a. rights thereto are asserted by a Swiss authority; b. a person who is not a close associate of the foreign politically exposed pers… Direct link
1Section 5 Restitution of Assets
Art. 17 – General principleArt. 17 General principle The restitution of assets is made in pursuit of the following objectives: a. to improve the living conditions of the inhabitants of the country of origin; or b. to strengthen the rule of law in… Direct link
Art. 18 – ProcedureArt. 18 Procedure 1 The restitution of confiscated assets is made through the financing of programmes of public interest. 2 The Federal Council may conclude agreements governing the restitution of assets. 3 Such agreeme… Direct link
Art. 19 – Procedural costsArt. 19 Procedural costs 1 A lump-sum amount not exceeding 2.5% of the value of the confiscated assets may be deducted by the Confederation or to the cantons to cover costs incurred in proceedings for the freezing, conf… Direct link
1Section 6 Legal Remedies
Art. 20 – Request for removalArt. 20 Request for removal 1 Natural persons and legal entities whose names have been included in the appendix to an asset freeze ordinance may submit to the FDFA a substantiated request for the removal of their names… Direct link
Art. 21 – AppealArt. 21 Appeal 1 In accordance with the general provisions on the administration of federal justice, decisions issued pursuant to this Act shall be subject to appeal. 2 The appeal does not have suspensive effect. Articl… Direct link
1Section 7 Administrative Assistance between Swiss Authorities, Data Processing and Reporting
Art. 22 – Administrative assistance between Swiss authoritiesArt. 22 Administrative assistance between Swiss authorities 1 Federal and cantonal authorities shall transmit to the FDFA and the FDF, on their own initiative or on request, the information and personal data necessary f… Direct link
Art. 23 – Data processingArt. 23 Data processing The competent federal authorities may process personal data where the enforcement of this Act and of asset freeze ordinances so requires. They may process sensitive personal data where this is in… Direct link
Art. 24 – ReportingArt. 24 Reporting The FDFA, after consulting the other departments concerned, shall submit annually, to the competent parliamentary committees, a report on the measures taken in application of the present Act. Direct link
1Section 8 Criminal Provisions
Art. 25 – Violation of an asset freeze orderArt. 25 Violation of an asset freeze order 1 Any person who wilfully and without authorisation from the FDFA executes payments or transfers from frozen accounts or releases frozen assets shall be liable to a custodial s… Direct link
Art. 26 – Violation of the duty to report and to provide informationArt. 26 Violation of the duty to report and to provide information 1 Any person who wilfully violates the duty to report and to provide information as set out in Article 7 shall be liable to a fine not exceeding CHF 250… Direct link
Art. 27 – Offences in business operationsArt. 27 Offences in business operations Ascertaining the criminal liability of persons may be dispensed with and instead the business operations may be ordered to pay the fine where the following conditions are met: a.… Direct link
Art. 28 – JurisdictionArt. 28 Jurisdiction 1 The Federal Act of 22 March 1974 on Administrative Criminal LawSR 313.0 applies to violations of this Act. The FDF shall be the authority responsible for prosecution and judgment. SR 313.0 2 Where… Direct link
Art. 29 – Consolidation of proceedingsArt. 29 Consolidation of proceedings 1 Where a criminal case is subject to the jurisdiction of the FDF and the jurisdiction of the federal or cantonal authorities, the FDF may order that the proceedings be consolidated… Direct link
1Section 9 Final Provisions
Art. 30 – ImplementationArt. 30 Implementation The Federal Council shall enact the implementing provisions. Direct link
Art. 31 – Repeal and amendment of current legislationArt. 31 Repeal and amendment of current legislation 1 The Federal Act of 1 October 2010 [ AS 2011 275 ] on the Restitution of Illicit Assets is repealed. [ AS 2011 275 ] 2 The federal acts listed below shall be amended… Direct link
Art. 32 – Transitional provisionsArt. 32 Transitional provisions 1 Assets already frozen when this Act enters into force under an order by the Federal Council based on Article 2 of the Federal Act of 1 October 2010 AS 2011 275 on the Restitution of Ill… Direct link
Art. 33 – Referendum and commencementArt. 33 Referendum and commencement 1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: 1 July 2016 FCD of 25 May 2016. FCD of 25 May 2016. Current article Direct link

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